I ruptured my Achilles tendon at work and want to claim for Achilles tendon injury compensation. However, my boss is claiming that my injury was a sports injury – I am a keen squash player. Can I make a claim against him?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You would be entitled to claim Achilles tendon injury compensation against your employer if it can be proven that your injury was caused as a result of his negligence. An employer has a duty of care to provide a safe working environment for his employees and if your injury can be found to have been caused by an action caused by his failure to adhere to the Manual Handling Operations Regulations, he would be deemed responsible for your injury.
You will need evidence to support your Achilles tendon injury compensation claim and the most important document would be the entry of your injury by a medical practitioner into your medical history. You should have had your injury treated by a professional immediately after your accident occurred as any significant gap between the date of your injury and the date when you saw a doctor can lead to accusations of contributory negligence for the detriment of your injury by your own lack of care.
You should have collected the details of any witnesses to your accident and you should have had your injury reported in the business’s Accident Report Book. To further support your claim, you should have accessed any CCTV footage available that showed images of how your Achilles tendon became ruptured.
Although it is common for an Achilles tendon injury to occur in a workplace situation, this type of injury most frequently happens when the victim has been playing sport, which is why your employer’s claims that you ruptured your Achilles tendon playing tennis would be a plausible accusation. However, by engaging with a solicitor who is experienced in handling claims between employee and employer, who can deal with the claim in a way that reduces the risk of conflict, you have a better opportunity to secure a successful settlement.
Most solicitors offer an initial consultation without charge where they can answer any questions you may have and where they can assess your Achilles tendon injury compensation claim to determine whether or not it is viable.